Mutual benefit

Kelley protects same-sex benefits at 'U'

Many people take the benefits of marriage for granted - a luxury that same-sex couples do not enjoy. Amid uproar over extending health-care benefits to domestic partners of gay or lesbian employees, the University amended the University Board of Regents' bylaw 14.06 in 1994 to allow same-sex partners of University employees the same benefits that their heterosexual counterparts receive. Last year, the state attached a stipulation to its annual budget for higher education appropriations, threatening to revoke part of an institution's funding if it provided benefits to same-sex partners. A recent ruling by State Attorney General Frank Kelley dictates that the legislature cannot place such stipulations in its appropriations. Kelley's decision reinforces the University's autonomy and helps same-sex couples receive equal benefits that they deserve.

The state's present law deducts the amount that universities spend to cover same-sex benefits from their state allocation, totaling $160,000 for the University last year. Before deducting the money, the legislature sought the opinion of the state attorney general, so the University's allocation remains intact - so far. On Friday, Kelley rendered a 12-page written opinion, stating that the law violates the University's autonomy. The state legislature should follow Kelley's dictum and remove the stipulation from the appropriation, supporting higher education without imposing penalties for differences in institutional philosophy.

Domestic partnerships deserve the same treatment afforded married heterosexuals. Because there is no legal device to allow for gay or lesbian marriages, many of the perks of a legal union - such as employer-provided health-care coverage - are not available to them. Policies like the University's go a long way toward rectifying the problem and creating equality. The University should maintain its stance on the issue - regardless of state interference - and serve as a model for other institutions.

Some state legislators apply personal, political or religious beliefs to the issue of same-sex benefits. They should not use their financial influence on higher education as a means to force their beliefs down the throats of University administrators, or those with starkly different philosophies. The state should not legislate morality or make a value judgment on the University's policies.

The legislature's interference in the University's health-care policies also threatens the University's autonomy. The regents are elected by Michigan state residents for a reason: to run the University and decide its policies. The legislature should not extend itself into the University's operations by second-guessing the regents' decisions. Instead, legislators should allow the University to maintain its autonomy by leaving policy decisions up to the regents.

Gay and lesbian couples still struggle to be recognized as legitimate partnerships; some employers use this status to deny domestic partners access to benefits that heterosexual partners receive. The University's policy serves as a model for other institutions and promotes a more tolerant community. The state legislature should work toward augmenting tolerance by endorsing such programs - not fighting them. It should submit to Kelley's decision and allow the University to determine its own policies.

04-17-97

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